Section 455 IAC 1-2-12 - Appeal rights of the allegedly endangered adultAuthority: IC 12-9.1-2-3
Affected: IC 4-21.5; IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 12.
(a) An endangered adult, aggrieved by an action of the adult protective services unit or by DDARS regarding adult protective services may appeal that action to DDARS, after attempting to resolve the problem with the APS unit.(b) The decision to conduct an investigation pursuant to a report under IC 12-10-3, is not appealable.(c) The request for a hearing must be submitted in writing and signed by the appellant or his/her representative. This request must be received by DDARS within thirty (30) calendar days of the appellant's notification of the action being appealed.(d) DDARS shall hold the hearing within thirty (30) calendar days after receipt of the request for a hearing.(e) The hearing shall be conducted in accordance with the Indiana Administrative Orders and Procedures Act, IC 4-21.5.(f) DDARS shall notify the appellant and the adult protective services unit by registered mail of the appeal decision within ten (10) calendar days after the hearing.Division of Aging; 455 IAC 1-2-12; filed Oct 30, 1985, 10:48 a.m.: 9 IR 482; readopted filed Nov 14, 2001, 4:47 p.m.: 25 IR 1282; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFAReadopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-455190488RFA Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-12) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-12) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-12) to the Division of Aging ( 455 IAC 1-2-12) by P.L. 153-2011, SECTION 21, effective July 1, 2011.